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Next Back to Employee Rights Resources Back to TLSC Home PageDisclaimer: The information presented in these pages is for educational purposes only, and does not constitute legal advice. Every case is different, and the correct legal answer always depends on the facts of the individual case. If you want a legal opinion about your own employment law problem, you should seek help from a licensed attorney.
Important state and federal laws apply to the wages and benefits earned by employees in Texas. This pamphlet answers basic questions about where, when, how, and how much you should be paid by your employer. It will also tell you how to get help if your employer breaks the law. If you have questions, call the Employee Rights Project at Bexar County Legal Aid.
The answer to this question depends on the type of job you have. Most employees have the right to be paid the Federal minimum wage of $5.15 per hour. Under this law, even if you are paid a salary or by the piece, you must still receive at least the minimum wage for each hour you work. If you do not qualify for the Federal minimum wage, Texas law requires that you be paid no less than $3.35 per hour. Under Texas law, a minimum piece rate may apply to work by certain agricultural workers.
Most employees also have the right to be paid overtime wages for working more than 40 hours in a seven day period. The overtime wage is one and one-half times your hourly wage. The overtime law does not apply to executives, administrators, professionals, salespeople, and workers in certain trades.
Your employer must keep records of the hours you work and the wages you receive. Your employer must also give you a statement with each paycheck showing your hours, pay rate, and any deductions.
It is illegal to pay men and women differently for the same work at the same level of skill, effort, and responsibility under the same conditions.
All employees have the right to be paid at least once a month, and most employees must be paid at least twice a month. If you are fired, your employer must pay you all your wages and benefits within 6 days. If you quit, your employer must pay you everything you have earned by the next scheduled payday.
You have the right to get your paycheck directly from your employer. Your employer must not give your paycheck to someone other than you unless you first sign a paper giving the employer permission to do so. Your employer may not require that you be paid by electronic funds transfer (EFT) if you do not want to be paid electronically.
Your employer can deduct (take out) money from your paycheck in three situations: (1) when a state or federal law authorizes the deduction -- for example, income tax withholding; (2) when a court orders that your paycheck be "garnished" so that someone to whom you owe money can get their share before you get paid -- for example, child support payments; and (3) when you have signed a paper that specifically authorizes the deduction.
Often, at the time you accept a job, an employer will ask you to sign a paper authorizing certain deductions. Signing such a paper does not authorize your employer to freely withhold money for any purpose whatsoever. A deduction is proper only if it is specifically described in the paper you sign. For example, your employer cannot take out money to pay for mistakes you made unless the authorization you signed specifically gives the employer the right to deduct money in this situation. If you believe a deduction is improper, you may file a claim for the money that was withheld.
Your employer may not make salary cuts in your paycheck without notifying you in advance.
Wage and hour laws do not guarantee your right to take breaks, but these laws do require that your employer count all the time you work in calculating your overtime pay. So, if you are required to work from 8:30 to 5:00 without taking a break, you must be paid 8 hours of regular time and half an hour of overtime. Depending on your job, workplace safety regulations may require your employer to allow regular breaks. For more information, see the pamphlet "On-the-Job Injuries."
If breaks are allowed, whether you get paid for the break time depends on the length of the break. A "coffee break" of 20 minutes or less counts toward the hours you work that day. A lunch break of 30 minutes or more may be unpaid, but only if you do not have to do any work during the meal break.
The law does not require any employer to offer health insurance to its employees. But if you were insured by your employer's group plan at a company with 20 or more employees, and you are terminated for reasons other than misconduct, you may be able to buy "continuation coverage" for up to 18 months under a law called "COBRA." Your family may also have COBRA rights. Contact your health plan administrator for more information.
Sometimes employers try to avoid wage and hour laws by calling some employees "contract" or "temporary" workers. These labels do not keep you from earning minimum wage or overtime pay. For more information about how the wage and hour laws apply to your job, call the U.S. Department of Labor.
If your employer refuses to pay you wages or benefits that you have earned, you may file a complaint with the Texas Workforce Commission, or you may file a claim in small claims (justice of the peace) court. If your employer has paid you less than the minimum wage or refuses to pay you for overtime work, you may file a complaint with the U.S. Department of Labor's Wage and Hour Division, or you may sue your employer in court to recover twice the amount of the unpaid wages. If you are considering filing suit in court, call the Employment Rights Project for advice about how and where to do this.
Before you make a claim, get copies of all papers that relate to your claim. These can include: time sheets, pay stubs, signed agreements between you and your employer, your employment application, letters from your employer, your employee handbook, and any written policies given to you by your employer. Also, get the names, addresses, and phone numbers of anyone who witnessed any events that relate to your claim.
If your employer failed to pay all the wages that you earned or benefits that were promised to you in writing, you can file a claim with the Texas Workforce Commission within 180 days of the date on which you should have been paid.
You must file the claim on a special form provided by the Texas Workforce Commission (TWC). Complete the form and either get it notarized or sign it in the presence of a TWC representative. Attach copies of the documents that back up your claim and a letter explaining your claim in two pages or less. You may either file the claim in person at a local TWC office or mail it by certified mail, return receipt requested, to the following address: Texas Workforce Commission - Labor Law, 101 East 15th Street, Austin, TX 78778-0001.
An investigator will review your case and may phone you and your employer to ask for more information. If you are not a U.S. citizen, the TWC may contact the Immigration and Naturalization Service to verify your Alien Registration Number. In a few weeks, the TWC will make a decision and send you a "preliminary wage determination order." If you lose, you have 21 days (from the date on the order) to file your appeal by following the procedures listed on the back of the notice you receive. Likewise, if you win, your employer may appeal within 21 days. If either side appeals the determination, the TWC will hold a hearing, usually by telephone. At the hearing, either side may call witnesses to testify. After hearing from both sides, the hearing officer will make a decision. The losing side has the right to appeal the decision in court.
If you employer pays you less than the minimum wage or refuses to pay overtime, you can ask the U.S. Department of Labor to investigate. Call and ask DOL to mail you a complaint form, or go to the DOL office to make your complaint in person. Once you have filled out the complaint form, the DOL will review your complaint, and if it looks valid, DOL will assign an investigator to look into your case. If you are not a U.S. Citizen, DOL will also check with the Immigration and Naturalization Service to that make sure your employer had a valid I-9 form to verify your immigration status.
If DOL takes your case, the DOL investigator can force your employer to turn over its records regarding your wages and hours. The investigator will also talk with you and the employer and any witnesses who can back up your complaint. After several weeks, the DOL will issue a decision in your case. If the decision is in your favor, the DOL will order the employer to pay you double the amount of your unpaid overtime or minimum wage.
If your claim is for $5,000 or less, you may file it on your own in a small claims court (also called a "justice of the peace" court). Consider suing in small claims court if you cannot find an attorney to represent you and:
The justice of the peace court is listed in the blue pages of the phone book. The court will provide you with a form for filing the suit. If you cannot pay the filing fee, you can file an "in forma pauperis" affidavit instead. The court will schedule a hearing and will allow you to testify, to call witnesses, and to produce papers as evidence of your claims. The justice of the peace will decide your case.
Some legal protections exist for employees who make wage and hour complaints. How much protection you have will depend on the specific facts of your situation. If you are worried about the possibility of retaliation by your employer, you should consult the Employment Rights Project, your union, or another agency before you file a claim.
You must file a claim at the Texas Workforce Commission within 180 days after you were supposed to be paid. You have two years to file a minimum wage/overtime complaint with the U.S. Department of Labor or in court. You have an additional year to file a minimum wage/overtime complaint in court, if you can show that the employer deliberately underpaid you.
Texas Workforce Commission
Main Office
4241 Woodcock
San Antonio, TX 78228
(210) 932-1644
U.S. Department of Labor
Wage & Hour Division
10127 Morocco
San Antonio, TX 78216
(210) 229-4515
San Antonio Bar Association
Lawyer Referral Line
(210) 227-1853
Bexar County Legal Aid
Employee Rights Project
123 Ascot
San Antonio, TX 78228
(210) 922-5893
© 1998 Bexar County Legal Aid Association
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Next Back to Employee Rights Resources Back to TLSC Home PageThis page was last updated on: 01/03/02